1

No. 14-15-00009-CV

 

In the Fourteenth Court of Appeals 

Houston, Texas 

 

VALERO REFINING-TEXAS, L.P. AND 

VALERO REFINING-NEW ORLEANS, L.L.C., 

Appellants, 

v.

VESUVIUS USA CORPORATION, C&H LABORATORIES, CC, AND 

DR. JOHN HANCOCK, 

 Appellees. 

 

On Appeal from the 127th District Court 

Harris County, Texas 

Cause No. 2010-52532A 

 

UNOPPOSED MOTION TO EXTEND ABATEMENT PERIOD 

FOR COMPLETION OF MEDIATION

 

TO THE HONORABLE FOURTEENTH COURT OF APPEALS: 

Pursuant to TEX. R. APP. P. 10.5(b) and the Court’s January 21, 2015 

Abatement Order, Appellees C&H LABORATORIES, CC and DR. JOHN 

HANCOCK respectfully request an extension of the abatement period for 

completion of mediation. This motion is unopposed. 

ACCEPTED

14-15-00009-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

4/20/2015 1:28:39 PM

CHRISTOPHER PRINE

CLERK
2

Introduction

1. Appellants are Valero Refining-Texas, L.P. and Valero Refining-New 

Orleans, L.L.C. (collectively, “Valero”). Appellees are C&H Laboratories, CC and 

Dr. John Hancock (collectively, “C&H Labs”), and Vesuvius USA Corporation

(“Vesuvius”).

2. On January 21, 2015, the Court issued an order referring the underlying 

dispute to mediation, to be held no later than March 23, 2015. However, due to the 

need for additional discovery in advance of mediation, Valero and C&H Labs were 

unable to complete mediation by that date. The necessary additional discovery will 

be completed on May 6, 2015; and mediation will be held on May 8, 2015 before 

Mike Bell.

3. C&H Labs respectfully requests that the abatement period be extended to 

Friday, May 15, 2015, to permit the parties to complete mediation.

4. This is C&H Labs’ first request for an extension of the abatement period.

5. This motion is unopposed.

Grounds for Motion

6. C&H Labs’ lead counsel, Anthony T. Golz, cites the following reasons 

for seeking an extension of the abatement period. The undersigned is also counsel 

of record for Artech Technologies L.L.C. (“Artech”), who is a party to the original 

action docketed under cause number 2010-52532 (the “Original Action”), but not 
3

the severed action from which this appeal arises. Artech’s counterclaims against 

Valero remain pending in the Original Action. Mediation is likely to be fruitful if 

it involves all parties to the Original Action, including Valero, C&H Labs, and 

Artech, and if an attempt is made to resolve all parties’ claims. To that end, Valero 

has requested to depose Artech’s corporate representative regarding Artech’s 

damages. Counsel have been working diligently to schedule this deposition, which 

is set for May 6, 2015; and mediation is scheduled for May 8, 2015 before Mike 

Bell. Extending the abatement period to May 15, 2015 will allow the parties to 

conduct additional negotiations following mediation, to the extent any are necessary.

7. This motion is not filed for the purpose of delay, but to allow the parties 

adequate time to complete mediation.

Prayer

For these reasons, C&H Labs respectfully requests the Court to extend the 

abatement period to Friday, May 15, 2015 to permit the parties to complete 

mediation.
4

Respectfully submitted,

By: /s/ Anthony T. Golz 

Anthony T. Golz

Texas Bar No. 24059834

agolz@cbylaw.com

Charles W. Getman

Texas Bar No. 07831200

cgetman@cbylaw.com

COKINOS, BOSIEN & YOUNG

1221 Lamar Street, 16th Floor

Houston, Texas 77010

(713) 535-5500

(713) 535-5533 (Fax)

ATTORNEYS FOR APPELLEES,

C&H LABORATORIES, CC AND

DR. JOHN HANCOCK

CERTIFICATE OF CONFERENCE

I certify that, on Monday, April 20, 2015, I conferred with Frank Guerra, 

counsel for Appellants, and with Bijan Siahatgar, counsel for Vesuvius, regarding 

this motion, and neither Appellants nor Vesuvius opposes the requested extension. 

/s/ Charles W. Getman 

CHARLES W. GETMAN
5

CERTIFICATE OF SERVICE

I certify that, on April 20, 2015, a copy of the foregoing was forwarded to all 

counsel of record by the Electronic Filing Service Provider, as follows:

Michael J. Murray

Francisco Guerra, IV

Mikal C. Watts

Edward W. Allred

WATTS GUERRA, LLP

4 Dominion Dr.

Bldg. 3, Suite 100

San Antonio, Texas 78257

Attorneys for Appellants,

Valero Refining-Texas, L.P. and Valero Refining-New Orleans, L.L.C.

Bijan R. Siahatgar

John K. Spiller

STRASBURGER & PRICE, LLP

909 Fannin St., Suite 2300

Houston, Texas 77010

Attorneys for Vesuvius USA Corporation

/s/ Anthony T. Golz 

ANTHONY T. GOLZ